How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Brent Blanchard Your Own Question

Brent Blanchard
Brent Blanchard, Lawyer
Category: Criminal Law
Satisfied Customers: 1905
Experience:  Separation of powers means what it says.
14609131
Type Your Criminal Law Question Here...
Brent Blanchard is online now
A new question is answered every 9 seconds

I work for a Verizon Wireless retailer and recently my manager

Resolved Question:

I work for a Verizon Wireless retailer and recently my manager was convicted of stealing a large amount of money from our company by ringing cash transactions as credit and pocketing the cash. A few of the questionable transactions were in my name, but I had no knowledge of his scheme and never witnessed him pocket money or commit any crime. The other accused is the administrative assistant who was apparently involved in the scheme as well by cleaning up his mis-entered credit/cash transactions. Both of them were caught red handed. He was apprehended several weeks ago and has a court date in January. He was doing this scheme prior to me starting at the company as I've only been at the company for a few months. I haven't heard anything from the police in regards XXXXX XXXXX One of our owners has to testify in front of a grand jury and that's all I know.

Do you believe it is likely I will have to testify and they could build an accessory to the crime case out of it?
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Brent Blanchard replied 3 years ago.
Thank you for your question.

Unfortunately, it is impossible to predict what a prosecutor is likely to do or not do, because I do not have access to the file and do not know what others have said during the course of the investigation. We have certain expectations based on what we know to be true, but we do not know whether those interviewed have told the truth.

We also do not know who the prosecutor believes.

Preservation of evidence is key. Off-site duplication is wise. To cover up, fib about, or try to hide that expensive gift from Aunt Sally last month just because you think it would be interpreted by a cynical prosecutor as being "really" bought with your "take" of the criminal enterprise would be a grave mistake. One lie for ANY reason during and investigation makes you a liar forever in the eyes of these types of government servants.

Evidence of NO financial gain from the crimes can help a lot. It is smart to be ready to account for every penny spent since coming into contact with the accused. No increases in expenditures not precisely matching the legitimate income helps prove innocence.

An "accessory" charge requires evidence that the person accused actually *did* something to further the crime/crimes. For the best and most accurate accounting of your actions during the dangerous times, it is a good idea to think about any "favors" that either of the accused may have asked for--what they were, why, and in retrospect, whether that should have been a warning flag.

It is possible that you could be called to testify, but then again maybe not if the prosecution already has all they believe they need for a conviction. It sounds as if you would have little useful information anyway.

The other required element of the accessory or conspiracy or similar assistance to criminals crimes is "intent". You describe a situation devoid of any criminal intent. That does not mean that one would not be accused, but it goes a long way towards either a not guilty verdict or a decision to drop the prosecution altogether.

Thank you.

BAB.
Customer: replied 3 years ago.
Thank you for your response.

In your professional opinion, if someone did contact me to try and dig up more information about the accused, would it be wise to contact an attorney first? I don't believe they could possibly accuse me of anything, but then again I don't want to say anything that would give them the impression otherwise.

To be honest, I'm terrified. I'm a 22 year old full time graduate student while working full time and I don't really need the extra stress of this on top of everything else.
Expert:  Brent Blanchard replied 3 years ago.
Thank you for your follow-up, and especially for thinking clearly about this.

I would strongly suggest consulting with an attorney who can review any documents you have related to this situation, especially the transactions in your name which may have been swept into the scheme. A copy of the arrest report from local law enforcement would be quite helpful.

There are two approaches to this: the cheap and the chicken/wise. Cheap is to sit and wait for things to happen and see the attorney only after either law enforcement or employer representatives have asked to talk to you about it. This runs the risk of not having enough time to have the consultation before the questioning event, leaving you unprepared.

I call the second approach "chicken/wise" because some of our misinformed friends lend to live in the land of denial and call us chickens when we want peace of mind sooner rather than later. "Nothing's going to happen" or "you don't KNOW that yet" are among the objections, which only stand in the way of exercising the wisdom to educate yourself about the issues, the risks, and the tricks involved. There are few things harder to dispel than *unwarranted* suspicion caused by some verbal mistake that came out of our own mouth. Investigators sometimes (NOT always) look so hard for incriminating clues they find them where they don't exist.

Those reasons are why the only safe place to discuss what a person knows and doesn't know and suspected or was clueless about...is in a private, privileged consultation with an attorney. No one else has a similar duty exclusively to the client, to protect that client's interests. It's worth the money for that level of reliable peace of mind, in my opinion. Law enforcement will pretend to be your friend then turn on you in an instant.

Thank you.

BAB.
Brent Blanchard, Lawyer
Category: Criminal Law
Satisfied Customers: 1905
Experience: Separation of powers means what it says.
Brent Blanchard and 8 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.